Is appellant's burden to affirmatively show error in his opening brief?

California, United States of America


The following excerpt is from Castro v. Wright, B204336 (Cal. App. 2/2/2009), B204336 (Cal. App. 2009):

Appellant has not carried his burden to affirmatively show error. In his opening brief, appellant refers to a number of findings and conclusions purportedly made by the trial court, but these findings and conclusions do not appear in the record before this court. The reporter's transcript of the hearing on the motion is of little assistance, since the trial court indicated during the hearing that it was inclined to allow appellant to amend his complaint. Thus, the trial court's decision to deny leave to amend was reached after the hearing and apparently explained only in a minute order that is not in the record. "In the absence of a contrary showing in the record, all presumptions in favor of the trial court's action will be made by the appellate court." (Bennett v. McCall (1993) 19 Cal.App.4th 122, 127.)

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